The Institute for Human Rights and Development in Africa (IHRDA) filed 292/04 before the African Commission on Human and Peoples’ Rights (ACmHPR) on behalf of 14 Gambian’s who were arrested, detained and deported even though they were legally residing and working in Angola.

Issues

– Whether the complainants had any reasonable access to local remedies after deportation;

– Whether lack of access to local remedies constitutes exemption from the exhaustion of local remedies rule;

– Whether violation of the United Nations Standard Minimum Rules for the Treatment of Prisoners constitutes a violation of article 5 of African Charter.

Alleged Violations of the African Charter on Human and Peoples’ Rights

Article 1 – Obligation of Member States to give effect to the African Charter

Article 2 – Freedom from discrimination

Article 3 – Equality before the law and equal protection of the law;

Article 5 – Prohibition of torture, and cruel and inhuman treatment;

Article 6 – Right to personal liberty and protection from arbitrary arrest;

Article 7 – Right to fair trial

Article 12 – Freedom of movement

Article 14 – Right to property

Article 15 – Right to work

Venue

African Commission on Human and Peoples’ Rights

Status of communication

The ACmHPR held that the respondent state violated Articles 1, 2, 5, 6, 7, 12, 14, and 15 but the compliants did not submit enough evidence to proof the violation under article 3.

On the issue of the settlement of local remedies the ACmHPR noted the respondent state did not give the Complainants the opportunity to sue in local court.

The communication was decided on merits at the 43rd Ordinary Session of ACmHPR held in Ezulwini, Kingdom of Swaziland. Respondent are required to report back on implementation.